out your entire body. no excuse. get it done. should the un impose limits on the iranian leader's speech. >> so let's see, who is really the bad guy? this is from charles. ahmadinejad is looking for attention and should not be allowed to speak at the un ever again. keep the conversation going. facebook.com/carolcnn. thank you, carol. it's nice to have you with us. it is 11:00 on the east coast and 8:00 a.m. on the west coast. we start with politics and critical questions about the president's schedule today. president obama is heading to new york later today with a full schedule for tomorrow. and here it is. an address at the united nations general assembly and at the

clinton global initiative and will tape a segment on "the view." what is missing from that graphic? how about a meeting with world leaders? there are about 100 of them in town here. that omission is drawing a lot of criticism for this president. instead secretary of state hillary clinton holding the big meetings with leaders, all hot spots around the world right now. what is she going to be talking about? she certainly did give us a preview when she spoke at the clinton global initiative. >> if you look around the world today, countries that are focused more on fostering growth and grievance are racing ahead. building schools instead of burning them, investing in their people's creativity and not insighting their rage, opening their economies and societies to have more connections with the der world, not shutting off

the internet or attacking embassies. the people of the arab world did not set out to trade the tyrany of a dictator for the tyrany of a mob. >> let's bring in our cnn white house correspondent dan lothian. this is going to be tough for the president to try to weather. i don't think his team didn't know this. no bilateral meetings and a taping on "the view." >> the president will be involved in meetings with the world leaders. you are correct in that the white house has confirmed that the president will not have or at least there is nothing on the schedule for the president to have any bilateral meetings. they haven't given a clear answer as to why he is not doing that. recently there was a dust up over whether or not the president or the administration had turned down a meeting with

mr. netanyahu. it was a scheduling matter that the president would be in new york at the beginning of the week and benjamin netanyahu would be there at the end of the week. this is getting a lot of play out there. as you pointed out the president not having these face to face meetings but will be appearing on "the view." robert gibbs was asked about this yesterday. here is how he responded. >> he has time for whoopee goldberg but not time for world leaders? >> no, chris. the president is going to be actively involved at the u.n. general assembly. >> but not with private leaders. >> they have telephones in the white house. last week he talked to the president of egypt and the leader in libya. we don't need a meeting in washington just to confirm with leaders.

>> white house spokesman said the president's engagement with foreign leaders is extremely robust. the white house feels there is an open line of communication between the president skpt world leaders. that's the reason being given as a defense for not having these bilateral meetings. again, it is not on the schedule. that does not preclude the fact that the president could add some of these meetings. at this point nothing on paper. >> i wonder if it was because campaigns are difficult. i look back to 2004 when president bush attended the unga. he met with the pakistani president. in 1996 bill clinton was also campaigning and met with japan's president. he also set with the secretary general. there is some precedent here. it is not like campaigning presidents skip these. >> in 2004 he met with the

leaders of afghanistan. so this is something that has been done in the past. i think what you are seeing here is the president is trying to find the balance between his official duties and also the campaign duties, as well. whether or not they see this as one of the reasons behind not having anything on the schedule is unclear at this point. again, it is always possible that when the president gets there he does have -- he will add these meetings face to face. at this point nothing is scheduled. >> we will be watching it. dan lothian thank you live for us on the south lawn. you will be able to see president obama address the united nations general assembly. we will carry it live on cnn. you can set your dvr if you like. recent events overseas have given voters more to think about when it comes to foreign policy. mitt romney talked about the challenges during campaign speech last night in denver.

>> the president has a foreign poli that has been characterized as leading from behind. by the way, that is another word for being a follower. we have heavy hearts as we lost diplomats overseas in libya and heavy hearts as we see our flag being torn and burned. this is a challenging time as we look around the world. >> what do voters think? in this new poll the majority of voters favor president obama when it comes to foreign policy. there are the numbers there. so moving on a little bit. these caused sparks to fly. don't be surprised if the iranian president, mahmoud ahmadinejad does it again this week and if the remarks cause the u.s. and several other delegations to walk on out and leave as he speaks. the u.s. secretary general

warned him to keep a lid on his fiery rhetoric when the two met in new york yesterday. that did not stop ahmadinejad from speaking out about hints from israel that it might strike iran's nuclear sites. ahmadinejad said iran doesn't take that possibility seriously but did issue a warning saying iran is prepared to defend itself. ahmadinejad is also peaking to our own piers morgan. here is what he said about strong hints from israel that it might attack iran's nuclear facilities. >> translator: the response of iran is quite clear. i don't need to explain that. any nation has the right and will defend herself. my question is this. why should the world be managed in such a way that an individual can allow himself to threaten a

rich and deeply rooted historical ancient country such as iran. >> so piers morgan joins me on the phone. busy guy today obviously with this interview that you will have for tonight. with all of the rhetoric that has been ramping up this argument lately particularly israel's pressure on the u.s. to create this red line when it comes to iran and the nuclear issue. did this interview with ahmadinejad seem different? did the tenor seem different? >> i think a lot of it is the same in relation to israel. what you are faced with is a dangerous game of bluff and double bluff. the bluff being that netanyahu believes that iran is developing uranium with the purpose of developing a nuclear weapon. ahmadinejad says he is not. it really comes down to what you

believe and who you believe. the language that both sides are using is very inflammatory. as i discovered ahmadinejad confirmed that if there are any attacks on israel and you can't rule it out given the language and they will defend themselves. the question for america is what does america do in that situation? >> i am glad you had an opportunity to ask him about the antiamerican reaction around the world to that anti-islam film. i was curious to find out if he had any desire to tempdown the violence and set the record straight. >> it was quite interesting. he first -- immediate reaction to it was that that video was deeply defensive and inflammatory. he did go on to say that we believe this should be resolved

in a humane atmosphere and an environment and nobody losing their lives which was by his standards a calm and reasonable reaction. i asked him if he would condemn those who killed the ambassador chris stevens. he is careful using the language that would be -- you are left with a guy with two positions when he talks when it comes to america. one is to the western media and the other is to his audience back home and they are very different audiences who require two different types of rhetoric. >> foreign leaders who have different messages when they travel. how about that. congratulations on scoring that interview. let me give a quick plug for your program. if you want to see the interview it will be on the program tonight.

thanks a lot. jack, you're a little boring.

boring. boring. [ jack ] after lauren broke up with me, i went to the citi private pass page and decided to be...not boring. that's how i met marilyn... giada... really good. yes! [ jack ] ...and alicia. ♪ this girl is on fire [ male announcer ] use any citi card to get the benefits of private pass. more concerts, more events, more experiences. [ jack ] hey, who's boring now? [ male announcer ] get more access with the citi card. [ crowd cheering, mouse clicks ]

so i brought it to mike at meineke. we gave her car a free road handling check. i like free. free is good. my money. my choice. my meineke. three are still missing after a piece of ice the size of six to seven football fields

separated and fell from a glacier unleashing an avalanche. eight climbers are confirmed dead now and crews have now called off the rescue efforts for now. sumnima udas is monitoring the rescue efforts. >> reporter: on the second day of the search and rescue mission officials tell us eight bodies have been recovered so far. most of them are european nationals. 21 mountaineers have been rescued in the past two days and taken to hospitals and are being treated, most of them are suffering from frost bite. officials tell us three foreign climbers are still missing. we spoke to helicopter companies who have been conducting the missions for the past two days and are telling us they have not been instructed to go back and find them but they don't expect to find more survivors at this

point. this avalanche happened around 4:00 in the morning local time on sunday when presumably most climbers were asleep and not wearing the right protective gear. some said they had been snowing a lot last week. they also said that climbing conditions in general have become more difficult in the him layas. this is the beginning of the main climbing season. climbing high mountains have becancome a popular activity for tourists but this a grim reminder of how dangerous that can be. >> and just want to update you. officials have confirmed there have been eight people killed in this terrible accident. four of them french citizens and one climber each from germany, italy, nepal and spain. and just a quick note for you, as well.

if you want to keep up to date you can continue to watch cnn from your mobile phone or from your desktop at cnn.com/tv. let me put you on webcan... ...lean roasted chicken... and a creamy broth mmm i can still see you. [ male announcer ] progresso. you gotta taste this soup. mmm i can still see you. ♪ atmix of energies.ve the world needs a broader that's why we're supplying natural gas to generate cleaner electricity... that has around 50% fewer co2 emissions than coal. and it's also why, with our partner in brazil, shell is producing ethanol - a biofuel made from renewable sugarcane. >>a minute, mom! let's broaden the world's energy mix. let's go.

of more than 550 miles you'll inevitably find yourself on a desolate highway in your jeep grand cherokee. and when you do, you'll be grateful for the adaptive cruise control that automatically adjusts your speed when approaching slower traffic. and for the blind-spot monitor... [ beeping ] ...that helps remind you that the highway might not be as desolate... as you thought. ♪

when more women enter the workforce it spurs innovation,

increases productivity and grows economies. families then have more money to spend. businesses can expand their consumer base and increase profits. >> that was hillary clinton this morning at the clinton global initiative focusing on the roles of women and diplomacy in the 21st century and the start of a very busy week. she will be front and center at the general assembly. mrs. clinton, not president obama will be having direct meetings with world leaders at the un. some of the hottest spots on the world stage. gale has travelled with and written about hillary clinton extensively and has been party to the clinton global initiative. you were hosting two of the forums yesterday? >> it is a two panel. >> this is a really big week for

mrs. clinton. the secretary of state will be doing the heavy lifting that most people think the president does. is she going to have to do her job or is she going to have to do her job and the president's job domestically? there is an election going on. >> she has been one to play a number of roles. she is focused on addressing hot spots while also really focusing on getting the u.s. message across that extremism is not in anybody's best interest and economic growth is what the u.s. is aiming for. i think she is going to try to give this a glossy message. >> don't our leaders speak one way domestically and another way internationally. here she is having to handle these jobs. >> she has always handled a number of roles. and she i think this morning at clinton global was both talking about the middle east while also

talking about development and elites who don't pay taxes. she has known she has a number of contich waenss to answer to. >> as far as the meetings she has experience in this venue. how is she viewed as a woman on the global stage when she nav gates between very difficult world leaders and very difficult cultural shall we see uniqueness? >> that is a very diplomatic way of saying it. what she does is occupy a third role. she is a global leader. i think also having known so many of these folks from her time as first lady. she does bring relationships that others in that position wouldn't have. i think she uses that to be a dignit ary and a global rock star. >> you interviewed close to 50

people. is it possible that some of these meetings that she is taking on this week just about everything that president obama would have done prelude to the 2016 -- let's just leave that out for now. would these meetings and this global stage a prelude to 2016 for madame president? >> everybody was asking that in the lobby. i think people who work around her are, of course, very quiet. everybody knows she is drawn to service. >> she says i'm done. bill clinton comes around saying i really couldn't call it. >> no means not right now. >> good to have you. thanks so much. i'm glad you had a chance to take part in the initiative. great work. >> back right after this.

i i had pain in my abdomen...g. it just wouldn't go away. i was spotting, but i had already gone through menopause. these symptoms may be nothing... but they could be early warning signs of a gynecologic cancer, such as cervical, ovarian, or uterine cancer. feeling bloated for no reason. that's what i remember. seeing my doctor probably saved my life. warning signs are not the same for everyone. if you think something's wrong... see your doctor. ask about gynecologic cancer. and get the inside knowledge. the wheels of progress haven't been very active lately. but because of business people like you,

things are beginning to get rolling. and regions is here to help. making it easier with the expertise and service to keep those wheels turning. from business loans to cash management, we want to be your partner moving forward. so switch to regions. and let's get going. together.

the so-called do nothing congress has done something. they just up and left washington and they ain't coming back until after the election anyway. six weeks from now. and if you are doing the math that is the earliest that congress has left before an election since 1960. why did they do it? they are campaigning. they have to keep their jobs. they left a huge pile of unfinished business on their desks in d.c. arguably the most critical the fiscal cliff that the country is headed to. do you ever sleep? do you sleep at night knowing this is coming? >> i dream about cliffs. >> they don't. clearly they don't. i'm looking over how much could go wrong. it looks like there is just so much. who gets hardest hit? >> everyone gets hit. every american family would see

a tax increase from $2,200 to $4,400. the largest tax increase probably in american history. a humongous tax increase. the spending cuts when you look at the fiscal cliff spending cuts it is government salaries, private sector contracts, food safety. they will have to squeeze money out of all of those areas, fbi, fema. food assistance, education grants. they will be taking a hatchet and just cutting programs so that they can abide by the law, the law to cut all of these costs. >> those look like the obvious big chunks. when you go to another chunk and that is research and development. can you sort of outline for me what sort of a tipping point is that? >> so a lot of people who follow science and innovation are

concerned. if we are going to lead into the next century we have to maintain our innovative edge. the fiscal cliff will mean big cuts to federally funded research. and this is the way one of the industry groups has looked at this. 200,000 job cuts by next year. the cost of gdp could be $860 billion. so what does that mean? how much is that? if you look at the low end of estimates for what the economy will be hurt, how badly hurt by just cuts it is six months of new vehicle perches, two years of airline travel, six years of professional sporting events. that is the impact it would have. that activity would be taken out of the economy. >> we are going to make these cuts and be fiscally restraining ourselves. do we all of a sudden get a boost and get the credit agency

saying good job. >> it would put the u.s. in a better footing on the debt front. we do need to work on the debt and deficit front. but the down side of that to get the better debt footing you would face probably a very crushing recession. >> we go over that cliff into the whole of recession. >> congress is supposed to be a little more nuanced than this. this congress cannot handle g w nuance. some people say you know the congress will fix it in the last minute. they couldn't fix it last year with the debt ceiling. they didn't fix that and here we are today. >> guess what it got them. they got an approval rating according to a cbs "new york times" poll conducted earlier this month of 78%. 78% of americans disapprove of the job that congress is doing.

the writer's desktop and the coordinator's phone are working on a joke with local color. the secure cloud just received a revised intro from the strategist's tablet. and while i make my way into the venue, the candidate will be rehearsing off of his phone. [ candidate ] and thanks to every young face i see out there. [ woman ] his phone is one of his biggest supporters. [ female announcer ] with cisco at the center... working together has never worked so well. nature valley trail mix bars are made with real ingredients you can see. like whole roasted nuts, chewy granola, and real fruit. nature valley trail mix bars. 100% natural. 100% delicious.

six weeks from tomorrow how is that for a reality check. election day fast approaching and the latest polls are favoring president obama. a poll shows the president has a three point edge over his challenger, mitt romney. a new ohio poll from the university of cincinnati shows president obama with a five point edge among likely voters. florida poll showing a one point edge for the president. that amounts to a dead heat. the margin is 3.5. cnn's poll of polls in florida shows a wider gap. four point advantage for president obama. so those are the polls. love them or hate them and wolf

blitzer joins me now. governor romney says he has a theory on why he has not been performing well with regards to the polls. >> i think that the president's campaign has focused its advertising in many cases on very inaccurate portrayals of my positions. they have been very aggressive in their attacks on a personal basis and on a policy basis. >> ina accurate portrayals of my positions. this from one saying we will not let our campaign be dictated by fact checkers. both of these campaigns have made glaring errors in their work. >> i think what romney was referring to was not necessarily the obama campaign ad but a priorities usa superpac that supports that i don't know if it

got one or two runs but got publicity. and that was a brutal ad and wildly repudiated. i'm not sure it was played maybe once or twice in ohio. that was a brutally inaccurate ad and a tough one. the other ones there had been romney campaign ads that obviously are very tough on the president. as far as i'm concerned tough political campaign ads is part of the process and we should expect that. given the fact there is so much more money in politics it will seem like a lot more brutality is going on and it is part of the game. >> the romney campaign had this welfare to work ad which claimathize obama administration removed the work requirements for welfare recipients when it wasn't that way at all. it was an allowance for states

to make their own decisions with regard to that. and so that was -- >> on that particular ad which we rejected and a lot of fact checkers said was totally off base that the president has not removed the work requirements giving flexibility to various states including states where republican governors asked for that. they are fighting back based on new suggestions in an editorial in the "wall street journal." they are now standing on those. that debate will continue. >> one of the governors was mitt romney when he was governor of massachusetts. >> two other republican governors more recently the nevada governor and the utah governor both republicans. they asked the obama administration to give them the flexibility in dealing with welfare reform. the obama administration saying you can have that flexibility but you have to have a 20%

increase in the number of people moving from welfare to work. >> all in the details. so many more details. >> those are important details. >> exactly. let me talk about what the president had to say on "60 minutes." this is something that was not aired surprisingly but put out on the web. it ended up on the cutting room floor but put on the web. it had to do with the question steve cross asked the president about the advertising that both are doing. >> do we see us going overboard in our campaign and mistakes that are made and areas where there is no doubt that somebody could dispute how we are presenting things? that happens in politics. >> shouldn't we just have a fairer access as americans to

real information whether it's the president or his challenger? they both should follow the same standards, truth. >> in the best of all worlds you are absolutely right that they should only have ads that have been thoroughly vetted and perfectly accurate in the best of all worlds. that would be great. this is tough business politics. they are going to get nasty. sometimes those ads are going to be misleading and deceitful. they are going to be going well beyond tough. sometimes they include lies. part of our responsibility in the news business is to check these ads and make sure they are fair and come up with an answer who is more accurate. sometimes there are gray areas to be sure. for example today we will take a close look at two competing ads that have just come out by the obama campaign making accusations against the other side when it comes to trade with

china and cheating. we will look at both of these ads and come up with an explanation of which is more accurate where the truth lies. >> can you weigh in on the fact that the president will not be holding bilateral meetings? he is leaving it to secretary of state hillary clinton? >> are the optics just as important as the actual function of the bilats? >> i think anytime the president of the united states meets with another world leader important issues can be discussed especially when they are sensitive important issues and usually around the time of the general assembly. i have covered these meetings for a long time. he uses the opportunity to have one-on-one meetings whether at where he is staying or someplace else and they can get business done.

in this particular case coming six weeks before an election he has other issues on his agenda like getting reelected. going on "the view" which is not just meeting with a bunch of women, he will be speaking to millions of people watching and they determined that is an important thing for the president to do six weeks before an election. same reason why mitt romney the other day went on kelly ripa's show and appeared on that show. he is not a sitting president of the united states but they want to speak to the american people and these are various venues where they have that opportunity to do so. if he wants to doa television interview or come on my show i would be happy to have him on my show. i think there potentially is a missed opportunity this week for the president of the united states to meet with world leaders. secretary of state hillary clinton will meet with the leaders. >> thank you so much.

as always a quick plug you can tune into "the situation room" 4:00 p.m. eastern time on cnn. dad vo: ok, time for bed, kiddo. lights out. ♪ (sirens) (train horn)

♪ vo: wherever our trains go, the economy comes to life. norfolk southern. one line, infinite possibilities. it's got that sweet honey taste. but no way it's 80 calories, right? no way, right? lady, i just drive the truck. right, there's no way right, right? have a nice day. [ male announcer ] 80 delicious calories. fiber one.

the good they did inspires us, prepares us and guides us. at new york life, everything we do is to help you keep good going. election is just over a month away and both campaigns

are focusing in on one of the country's most critical issues. most can agree it is jobs. check out the map reflecting new numbers. the unemployment rate rose in 26 states last month including five of the nine toss up states. it fell in another 12 states. all told there are 12.5 million americans among us who do not have a job. alison kosik is here with tips to help you make your application stand out if you happen to be one of them. allison? >> so 12.5 million people unemployed and 3.7 million jobs open across the u.s. you can bet that the competition is fierce. if you are having trouble getting your future employer's attention here are great suggestions. we spoke with career coach and she said solid research really makes the biggest difference.

she says most job seekers don't review the company website before the interview and you want to know about issues affecting the industry and the company. when it comes to your resume she said there is no magic bullet. we know recruiters only spend a few seconds skimming each one but says a referal makes the difference. that can come from an acquaintance or a friend of the friend. hr departments will prioritize those resumes. because some of the best candidates come from referals and it is not enough to network. you will need to build your own personal brand and recommends commenting on trade association blogs and writing an article for your trade association newsletter or speaking at conferences. it is like a job to get a job. isn't it? >> it is. that is not something a lot of people talk about, how much time

you need to dedicate to find a job. it is a lot of work and you have to have stamina and thick skin. great advice. if you want to hear more for the latest financial news check out cnnmoney.com. by the way, if you happen to be leaving the house you have more. you can watch cnn from your mobile phone. you can do it from your ipad, too. if you want to watch from your mobile phone or desktop go to cnn.com/tv. all the information you need is right there. hey! did you know that honey nut cheerios

has oats that can help lower cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy. what's the rush? romney: "it's time to stand up to the cheaters"

vo: tough on china? not mitt romney. when a flood of chinese tires threatened a thousand american jobs... it was president obama who stood up to china and protected american workers. mitt romney attacked obama's decision... said standing up to china was "bad for the nation and our workers." how can mitt romney take on the cheaters... when he's taking their side? with less chronic osteoarthritis pain. imagine living your life with less chronic low back pain. imagine you, with less pain. cymbalta can help. cymbalta is fda-approved to manage chronic musculoskeletal pain. one non-narcotic pill a day, every day, can help reduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or behavior or thoughts of suicide. antidepressants can increase these in children, teens, and young adults. cymbalta is not approved for children under 18. people taking maois or thioridazine or with uncontrolled glaucoma should not take cymbalta.

taking it with nsaid pain relievers, aspirin, or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing skin or eyes. tell your doctor about all your medicines, including those for migraine and while on cymbalta, call right away if you have high fever, confusion and stiff muscles or serious allergic skin reactions like blisters, peeling rash, hives, or mouth sores to address possible life-threatening conditions. talk about your alcohol use, liver disease and before you reduce or stop cymbalta. dizziness or fainting may occur upon standing. ask your doctor about cymbalta. imagine you with less pain. cymbalta can help. go to cymbalta.com to learn about a free trial offer. rifles and guns pointed at young kids and nearly every adult handcuffed.

a police search in colorado for a suspected bank robber is making big headlines. the officers actually had a successful man hunt. they got their guy. as you are about to see, what went down in terms of getting that guy is raising a lot of legal questions. here is to explain the story. >> reporter: marcy stopped at a light on her way home from shopping near denver, colorado. the next thing she knew police had her at gunpoint. >> i said i have kids in my car, and they had rifles pointed right at me. >> reporter: 19 cars were held at this intersection that saturday afternoon. everyone was ordered out of their car at gunpoint, including children. the boy in the green shirt is 16-year-old michael hance. >> they had rifles and guns pointed with shields and a canine dog. >> a car with a gun at wells fargo. >> reporter: police were looking for this bank robber seen here wearing a bee keeper's mask and armed with an air horn and loaded gun.

he had just made off with $25,000 from a wells fargo a few miles away. >> i see him wearing a bee hive mask. >> police thought the bank robber was at this intersection because there was a gps tracking device hidden in with the money. the problem is they had no idea what car he could be in and because of the bee keeper's mask, they didn't even know what he likes look, so know was treated as an armed and dangerous suspect. >> we all had to have our hands showing and our arms out the window, and we had to keep our arms like this. >> reporter: one by one police approached each car with guns and shields. nearly everyone was handcuffed. marcy's 4-year-old daughter, who you can see she's carrying, was asleep for most of the ordeal. her 8-year-old son, however, was awake. >> my son was crying, and i kept telling him to keep his head down between his legs because i didn't know if open fire was going to happen. >> reporter: that's crystal deguzman in handcuffs moments after she watched police take her son, 16-year-old michael, away at gunpoint.

>> i think any mom would be upset. not knowing what's going to happen to your kid. >> reporter: police eventually searched this white expedition. inside they found two loaded guns, the money, and the bee keeper's mask. >> they have the suspect in custody. >> reporter: 45-year-old christian paige, a school teach we are no criminal record, was arrested and charged with armed robbery. he has mret not guilty. this was a case of good police work or did they go too far? federal law gives police some leeway to detain citizens for a reasonable period of time as part of a criminal investigation. >> that was ted rolands reporting. i want to bring in prosecutor christine to answer some of the legal questions that undoubtedly surround this case. for starters, all of those moms and children led away at gunpoint and those -- the 16-year-old who was taken away from his mother at gunpoint, all of them handcuffed and left for

hours on the curb, do they have some recourse in all of this? can they sue the police for the way they were treated? >> that's going to depend on what the court ruling ends up doing regarding this evidence and regarding this case. if the court finds that this was a temporary lawful detention for purposes of investigation and that this search and detention was legal, then, no, they will not have any recourse. >> what makes a search legal when you are talking about little kids and innocent people cuffed in an intersection? they are just going to shop. sthoo that is the one-way angle that i'm sure the prosecution will take. in reality you have to look at the situation and this hole. this started out as a bank robber that was armed. he robbed a bank in a civilian community, and he was getting away. they were in pursuit of a bank robber, an armed bank robber. now, their probable cause becomes the gps device. so then there is sort of a radius of suspicion, if you would. >> so everybody in that radius of the gps -- again, ted rolands

is clever in how he explained it. the gps device said it's somewhere in this intersection with all these cars. do they all get probable cause attached to them, every single one of those cars is probable cause? >> as the prosecution i'm arguing. i don't know what a judge is ultimately going to rule, but there is a very strong argument that, yes, they do. they have come within that circumference of suspicion. that now because they did not know what any of them looked like, the only probable cause they had was that gps device, and that's very strong probable cause. somebody in that area was the bank robber. somebody should be stopped and arrested. >> so the alleged bank robber who they finally get out of the car -- known of the people that you are seeing necessarily on the screen right now -- apparently according to his lawyer said i don't agree to the search of my car, and then with some pushing and here's the guy we're talking about, with some pressuring, finally relented to the search of his car, and they find everything. they fine the bee keeper mask, the money, the gps, the evidence that could really nail him. now he is coming back saying you can't search my car if i

originally said no. what chance does he have, and what happens to all that unbelievable evidence if he prevails? >> well, the prosecutor is going to argue circumstances. what that is is the fact that those circumstances trump his agreeing to the search. they are searching for weapons. he now looks more like a suspect now. he is resisting them. he is within this circumference of suspicion, if you would. now they want to search his car. you don't need permission when there are circumstances like this. >> explain that for me. are those circumstances -- this is an armed robber who could be shooting and guns ablazing in the intersection. all these people are around here could get killed. therefore, everything goes out the window. the whole probable cause, the whole everything. those circumstances, can i blow through your house without a warrant if i think someone is going to die? >> if you have gone into that house and they have reason to believe that you are armed, they could come right in after you. they don't knock and say please can we come in? >> all that stuff that we call -- it's fruit of the poison juice tree. you don't get to use any of that

evidence if they can go to court. do you think they'll win? >> i think they have a strong chance. i do. i do. >> the bank robber, 45-year-old kristen peche, a schoolteacher. he has pleaded not guilty to the armed robbery charges. there are a lot of warning lights

and sounds vying for your attention. so we invented a warning you can feel. introducing the all-new cadillac xts. available with a patented safety alert seat. when there's danger you might not see, you're warned by a pulse in the seat. it's technology you won't find in a mercedes e-class. the all-new cadillac xts has arrived, and it's bringing the future forward. but will it last 'til the end. your mascara may be voluminous it will if it's lashblast 24hr with the anti smudge power. through dining dancing drama break ups

and make ups. the anti smudge formula holds on. who knew lashes this big and beautiful could last this long. lashblast 24hr from covergirl. don't you wish all endings could be this easy breezy beautiful. i don't know if you were up late to watch the emmys, but let me tell you that two shows really struck gold and cleaned up at the awards. take a peek. >> and an emmy goes to "homeland." >> that was something we heard a lot. the showtime psychological thrill are "homeland" won four emmys, including best drama. my cousin didn't win. i was upset about that.